Practice Reports in the Supreme Court and Court of Appeals, Volum 35Joel Munsell, 1868 |
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Side 37
... such cases , hereafter , it would seem , need not be submitted to a jury , as there is no question of the plaintiff's negligence to be determined by McIntyre agt . The New York Central Railroad Company . NEW YORK PRACTICE REPORTS . 37.
... such cases , hereafter , it would seem , need not be submitted to a jury , as there is no question of the plaintiff's negligence to be determined by McIntyre agt . The New York Central Railroad Company . NEW YORK PRACTICE REPORTS . 37.
Side 38
... jury for even $ 3,500 to stand ; and they ordered a new trial , unless the plaintiff would consent to reduce the amount to $ 1,500 , which was done . Upon what ground this reduction was made the case does not disclose ; but it may be ...
... jury for even $ 3,500 to stand ; and they ordered a new trial , unless the plaintiff would consent to reduce the amount to $ 1,500 , which was done . Upon what ground this reduction was made the case does not disclose ; but it may be ...
Side 39
... jury found a verdict for the plaintiff for $ 3,500 , and the special term denied the motion of the defendants for a new trial . The general term , on appeal , directed a new trial , unless the plaintiff should stipulate to accept a ...
... jury found a verdict for the plaintiff for $ 3,500 , and the special term denied the motion of the defendants for a new trial . The general term , on appeal , directed a new trial , unless the plaintiff should stipulate to accept a ...
Side 41
... jury , and was fairly submitted to them on the evidence . When we consider the defect which the statute was de- signed to remedy , it is taking too narrow a view of the mat- ter to say that the word pecuniary was used in so limited a ...
... jury , and was fairly submitted to them on the evidence . When we consider the defect which the statute was de- signed to remedy , it is taking too narrow a view of the mat- ter to say that the word pecuniary was used in so limited a ...
Side 42
... jury , as he was requested to do , that the plaintiff was entitled to recover only nominal dam- ages . There is no precise rule which a jury can adopt in esti- mating such damages . The question should always be left , as it was in this ...
... jury , as he was requested to do , that the plaintiff was entitled to recover only nominal dam- ages . There is no precise rule which a jury can adopt in esti- mating such damages . The question should always be left , as it was in this ...
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Vanlige uttrykk og setninger
49 Barb affidavit affirmed agreement Akron alleged amount answer app'lts appeal apply appointed assessment authority Bank blue vitriol cause of action Central Park charge claim Code commissioners common council complaint contract corporation costs counsel court of chancery court of equity creditors Croton aqueduct damages debt defendant defendant's Digest duty entitled equity evidence execution fact granted held injunction issued judge judgment jurisdiction jury justice land legislature liable lien matter Mayor McGregor ment mortgage motion negligence notice nunc pro tunc objection owner paid parties payment person plaintiff possession premises proceedings purchase question Railroad Company receiver recover reference rendered resp't respondent road Robt rule sell Sixth Avenue Railroad sold special term statute street supreme court thereof tiff tion trial trust void witness York York Central Railroad
Populære avsnitt
Side 45 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries, resulting from such death, to the wife and next of kin of such deceased person...
Side 467 - When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
Side 115 - This will be manifest when it is considered that in all cases where rights to the exclusive use of a trademark are invaded, it is invariably held that the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another; and that it is only when this false representation is directly or indirectly made that the party who appeals to a court of equity can have relief.
Side 370 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Side 467 - If two ships under steam are meeting end on or nearly end on so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.
Side 268 - An act relative to improvements touching the laying out of streets and roads in the city of New- York, • and for other purposes," passed April 3, 1807; and the map or plan of said city is hereby altered accordingly.
Side 257 - An act to reduce several laws relating particularly to the City of New York, into one act...
Side 211 - In an action to recover the possession of personal property unjustly detained, where the property or any part thereof has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff...
Side 471 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent, in the course of his employment, although the principal did not authorize, or justify, or participate in, or, indeed, know of such misconduct, or even if he forbade the acts, or disapproved of them.
Side 498 - On the trial, the counsel for the defendants requested the court to charge the jury that they " must find a verdict for the defendants if they found that they did not convert the property in question to their own use...